Samuel B. Smiddy v. The State of Texas--Appeal from 181st District Court of Randall County
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NO. 07-03-0550-CR
NO. 07-03-0551-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
SEPTEMBER 2, 2004
______________________________
SAMUEL BARTHOLOMEW SMIDDY, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 181ST DISTRICT COURT OF RANDALL COUNTY;
NO. 12263-B & 13873-B; HONORABLE JOHN B. BOARD, JUDGE
_______________________________
Before JOHNSON, C.J., and QUINN and REAVIS, JJ.
MEMORANDUM OPINION
Pursuant to our order abating these appeals and remanding the causes, the trial
court held a hearing to determine whether appellant wished to prosecute his appeals.
During the hearing, appellant affirmatively expressed his intention to no longer pursue the
appeals. No decision of this Court having been delivered, we dismiss the appeals. No
motions for rehearing will be entertained and our mandates will issue forthwith.1
Accordingly, the appeals are dismissed.
Don H. Reavis
Justice
Do not publish.
1
We acknowledge that Rule 42.2(a) of the Texas Rules of Appellate Procedure
requires a written withdrawal of a notice of appeal to be filed in duplicate in this Court.
However, appellant’s intention not to pursue his appeals being clear, we apply Rule 2 to
suspend the operation of Rule 42.2(a).
2
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